HF 471 (LSB 1951HV (2) 85)

HOUSE FILE 471

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 104)

A BILL FOR

An Act relating to the payment of reasonable attorney fees in juvenile court or appellate proceedings relating to a termination of parental rights petition.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600A.6B, Code 2013, is amended to read as follows:
   600A.6B  Payment of attorney fees.
   1.  A person filing a petition for termination of parental rights under this chapter or the person on whose behalf the petition is filed shall be responsible for the payment of reasonable attorney fees for
 
services provided by counsel appointed pursuant to section 600A.6A
 
in juvenile court or in an appellate proceeding initiated by the person filing the petition unless the person filing the petition is a private child-placing agency as defined in section 238.1 or unless the court determines that the person filing the petition or the person on whose behalf the petition is filed is indigent.
   2.  If the person filing the petition is a private child-placing agency as defined in section 238.1 or if the person filing the petition or the person on whose behalf the petition is filed is indigent, the appointed attorney shall be paid reasonable attorney fees
 
for services provided in juvenile court or an appellate proceeding as determined by the state public defender.
   3.  If the parent against whom the petition is filed appeals a termination order under section 600A.9, subsection 1, paragraph “b”, the person who filed the petition or the person on whose behalf the petition is filed shall not be responsible for the payment of attorney fees for services provided by counsel appointed pursuant to section 600A.6A in the appellate proceeding. Instead, the appointed attorney shall be paid reasonable attorney fees as determined by the state public defender from the indigent defense fund established pursuant to section 815.11.
   3.

4.  The state public defender shall review all the claims submitted under this section and shall have the same authority with regard to the payment of these claims as the state public defender has with regard to claims submitted under chapters 13B and 815, including the authority to adopt rules concerning the review and payment of claims submitted.
EXPLANATION
   Under current law, in a termination of parental rights proceeding, the person against whom the petition is filed has the right to counsel in connection with all subsequent hearings and proceedings. If that parent desires but is financially unable to employ counsel, the court will appoint counsel if the person requests appointment of counsel, the person is indigent, and the court determines the person will have difficulty presenting the person’s version of the facts in dispute and has a colorable defense to the termination of parental rights. Under current law, unless the person filing the petition for termination of parental rights or the person on whose behalf the petition is filed is a child-placing agency or is indigent, such person is responsible for payment of reasonable attorney fees for appointed counsel.
   This bill specifies that a person filing a petition for termination of parental rights or the person on whose behalf the petition is filed, shall be responsible for the payment of reasonable attorney fees specifically for the services provided by appointed counsel in a juvenile court or appellate proceeding initiated by the person filing the petition, unless the person filing the petition is a private child placing agency or is indigent. The bill also specifies that in the case of a child placing agency or a person who is indigent, the appointed attorney shall be paid reasonable attorney fees specifically for services provided in juvenile court or appellate proceedings. The bill also specifies an exception to payment of attorney fees for appointed counsel by a person filing or on whose behalf the petition is filed. The bill provides that if a termination of parental rights order is granted, and a parent against whom the petition is filed appeals, the person who filed the petition or the person on whose behalf the petition is filed shall not be responsible for the payment of attorney fees for services provided by appointed counsel in the appellate proceeding, but instead the appointed attorney is to be paid reasonable attorney fees as determined by the state public defender from the indigent defense fund.